Q: Landlords lawyer sent us a letter giving us 30 days to vacate. Can they do this?
The windows don’t open and that’s against code. The house is old and has lead paint, which they never disclosed.
They’re citing this portion of the lease.
13. DAMAGE TO PREMISES. In the event the Premises are destroyed or rendered wholly untenantable by fire, storm, earthquake, or other casualty not caused by the negligence of Lessee, this Agreement shall terminate from such time except for the purpose of enforcing rights that may have then accrued hereunder. The rental provided for herein shall then be accounted for by and between Lesor and Lessees up ot the time of such injury or destruction of the Premises, Lessees paying rentals up to such date and Lessors refunding rentals collected beyond such date. Should a portion of the Premises thereby be rendered untenantable, the Lessor shall have the option of either repairing such injured or damaged portion or terminating this Lease.
A:
Receiving a letter from your landlord's attorney demanding you vacate can be unsettling, especially under circumstances involving potential safety and health violations like unopenable windows and undisclosed lead paint. It's important to closely review the section of your lease that has been cited in this communication. The clause you mentioned typically applies to situations where the property becomes uninhabitable due to events beyond anyone's control, like natural disasters, rather than due to existing violations of housing codes or safety standards.
Issues such as windows that cannot be opened, which may violate fire safety codes, or the presence of lead paint that was not disclosed, could potentially be grounds for contesting the demand to vacate. These conditions could arguably make the premises uninhabitable or unsafe, but this determination often depends on local laws and regulations. It's crucial to gather evidence of these conditions, such as photographs or reports from health and safety inspectors.
Seeking advice from legal professionals or tenant advocacy groups in your area can provide guidance on how to proceed. They can help you understand your rights and the specific landlord-tenant laws that apply to your situation. Additionally, communicating with your landlord to discuss these issues directly, if you haven't already done so, might lead to a resolution without needing to vacate. Remember, laws and regulations vary by location, so local expertise will be key in navigating this situation.
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